Policy – Category 5000 (Students) BP 5007 – Suspension and Expulsion
LEA should be careful that such actions do not constitute a change of placement and should carefully monitor such suspensions. The principal or designee shall monitor the number of days, including portions of days, in which a child with a valid IEP has been suspended during the school year. NOTE: As added by 71 Fed. Reg. 156, Title 34 of the Code of Federal Regulations § 300.536 , lists new factors under which a series of removals would constitute a change of placement, as specified below. If the removal is determined to be a change of placement, Title 34 of the Code of Federal Regulations § 300.530 requires the IEP team to determine the appropriate services. The Charter LEA shall determine, on a case-by-case basis, whether a pattern of removals of a child from his/her current educational placement for disciplinary reasons constitutes a change of placement. A change of placement shall be deemed to have occurred under any of the following circumstances ( Title 34 of the Code of Federal Regulations § 300.536 ): A. The removal is for more than 10 consecutive or cumulative school days; B. The child has been subjected to a series of removals that constitute a pattern because of all the following: 1. The series of removals total more than 10 school days in a school year; 2. The child’s behavior is substantially similar to his/her behavior in previous incidents that resulted in the series of removals; 3. Additional factors, such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another, indicate a change of placement; or 4. If the removal has been determined to be a change of placement as specified in items #1-2 above, the child’s IEP team shall determine the appropriate educational services ( Title 34 of the Code of Federal Regulations § 300.530 ). SELPA form D/M 122 – Special Education Suspension Review may be used by the Charter LEA in determining whether or not a series of removals constitutes a change of placement.
BP 5007 – Suspension and Expulsion
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Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 11/16)
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